Discrimination in Housing Law

David Renton is a barrister and historian. Since 2008, he has practised from Garden Court Chambers in London. He acts for tenants in disrepair hearings and in homelessness appeals. He regularly represents tenants and mortgagors in possession hearings where possession is defended on Equality Act 2010, human rights or public law grounds. David is also the author of 'Jobs and homes: stories of the law in lockdown' (Legal Action Group, 2021).

'A brilliant, timely and essential contribution to our understanding of the theory and practice of discrimination law in housing. Renton renders the complex matrix of different types of discrimination accessible, elucidates the remedies available and illuminates the procedures required to secure them. This is exactly what I need and Discrimination in Housing Law will go straight on my shelf to be consulted on a daily basis.' Simon Mullings, Hammersmith and Fulham Law Centre

• Table of cases Table of statutes Table of statutory instruments Table of European and international legislation Introduction 1 The Equality Act 2010 - the statutory torts Distinction between Part 3 and Part 4Duties of landlords and others Definitions of protected characteristicsThe statutory torts Proving discriminationEnforcement 2 The public sector equality duty PSED: the scheme Complying with the PSED Enforcement 3 Discrimination on other grounds Difference between the PSED and Part 2 duties Reconceiving direct discrimination claims as claims under other characteristicsThe prohibition on discrimination in human rights law 4 Applicants for tenancies or homeless housing, and successors Discrimination against potential tenants/occupiersLocal authority cases Succession 5 Ongoing housing relationships Repair, fitness, defective premises in light of the Equality Act 2010 Quiet enjoyment, derogation from grant, and harassmentLandlord injunctionsHousing for vulnerable and disabled persons 6 Claims for possession Equality Act 2010 Part 2 defences Public sector equality duty defences Rent arrears claims Nuisance claims Other protected characteristicsNew grounds of possession in the Renters (Reform) Bill What if the landlord does not give reasons for seeking possession? Summary hearingsEquality Act 2010 defences at the enforcement stage Moratoria 7 Long leaseholders and mortgagorsService charge disputes Forfeiture Mortgagors defending claims for possession8 Civil procedure Defences and counterclaimsPractice Direction and pre-action duties Summary assessment of Equality Act 2010 defences to possession claims Appointments of assessors Vulnerable witnesses Capacity Precedents: Statements of Case1 Particulars of Claim: Discriminatory Refusal to Let 2 Particulars of Claim: Discriminatory Refusal to Do Works 3 Particulars of Claim: Further Claim by Associated FamilyMember 4 Particulars of Claim: Discriminatory Harassment by Landlord 5 Defence and Counterclaim: Nuisance 6 Defence and Counterclaim: Rent Arrears 7 Grounds of Homelessness Appeal: Failure to Apply PSED 8 Consent Order to Stay Claim and Equality Act Counterclaim9 Case Summary: Application to Set Aside Possession OrderIndex